Competition
Just Published: The Source Research Report “The Secret of Health Care Prices: Why Transparency Is in the Public Interest”
Amy Y. Gu, Managing Editor July 16, 2019
Many health care providers and payers seek to maintain the confidentiality of amounts paid for services as trade secrets, claiming their secrecy provides a competitive advantage. With support from the California Health Care Foundation (CHCF), The Source’s Katie Gudiksen, Sammy Chang, and Jaime King examine the legal and economic implications of collecting and releasing this data in the newly published report, The Secret of Health Care Prices: Why Transparency Is in the Public Interest. Part I of this report reviews trade secret statutes and case law regarding the protection of negotiated …
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Litigation and Enforcement Highlights – July 2019: Mid-Year Merger Watch
Amy Y. Gu, Managing Editor July 15, 2019
It’s been a flurry of activity in the past month in the realm of healthcare mergers and acquisitions. In this issue of Litigation and Enforcement Highlights, we take a look at both recent mergers that were approved and blocked, as well as a string of proposed deals coming down the pipeline. 8th Circuit Hands FTC Win in Blocking Sanford Health-Mid Dakota Clinic Merger The Federal Trade Commission (FTC) and the North Dakota Attorney General scored a win in antitrust enforcement when the 8th Circuit upheld a preliminary injunction that …
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The Source Roundup: July 2019 Edition
Source Fellow July 1, 2019
By: Hayden Soria, Student Fellow Happy July! Hope everyone is staying cool in the summer heat. In this month’s Source Roundup, we take a dive into academic articles and studies that look at 1) healthcare system reform on a national and state level 2) health care markets concentration and competition, and 3) developing trends in prescription drug pricing. Healthcare System Reform Ever since the Affordable Care Act (ACA) implementation nine years ago, it has become one of the most polarizing topics in American political culture, spawning debates both in support …
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The Lower Health Care Costs Act: A Bipartisan Federal Effort to Improve Competition in Healthcare Markets
Katie Gudiksen, Senior Health Policy Researcher June 21, 2019
The Lower Health Care Costs Act, released in May 2019 by Senators Lamar Alexander and Patty Murray, addresses many inefficiencies in healthcare markets and has the potential to both increase competition and lower costs for healthcare services. The 195-page draft federal bill, also known as the Alexander-Murray Bill (S 1895), contains more than three dozen provisions designed to address health care costs. The bill is divided into five titles: 1) Ending Surprise Medical Bills, 2) Reducing the Prices of Prescription Drugs, 3) Improving Transparency in Health Care, 4) Improving Public …
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Evidentiary Hearing Puts Spotlight Back on Antitrust Concerns of CVS-Aetna Merger
Amy Y. Gu, Managing Editor June 14, 2019
When the $69 billion CVS-Aetna mega-merger obtained regulatory approval from the Department of Justice (DOJ) and key states back in November 2018, few expected the deal to face further regulatory challenges, as the companies consummated the merger on what they believed to be the winning ticket. That is, until Judge Richard Leon of the U.S. District Court for the District of Columbia halted the merger by refusing to give his rubber stamp of approval as part of the routine judicial review process, stunning many in the healthcare industry. Setting …
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The Source Advisory Board Member Tim Greaney to Testify at Senate Subcommittee Hearing
Amy Y. Gu, Managing Editor June 11, 2019
The Source Advisory Board Member and UC Hastings Professor Tim Greaney is scheduled to testify before the Senate Committee on the Judiciary, Subcommittee on Antitrust, Competition Policy, and Consumer Rights. The hearing is titled “Your Doctor/Pharmacist/Insurer Will See You Now: Competitive Implications of Vertical Consolidation in the Healthcare Industry”. Tune in for the live video streaming of the event on Wednesday, June 12 at 2:30PM EST. Read Professor Greaney’s latest paper Navigating the Backwater: Vertical Mergers in Health Care published in CPI Antitrust Chronicle.
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FTC Cracks Down Anticompetitive Tactics from All Sides of Prescription Drug Supply Chain
Amy Y. Gu, Managing Editor May 14, 2019
As public outcry against healthcare costs, in particular prescription drug prices, continues to dominate the national spotlight, the Federal Trade Commission (FTC) is stepping up its efforts to regulate anticompetitive conduct in various markets of the healthcare supply chain. In this month’s Litigation and Enforcement Highlights, we take a look at FTC enforcement actions that target 1) the e-prescription market, 2) reverse-payment agreements between drug manufacturers, and 3) pharmacy benefit managers. FTC Targets Monopoly in Electronic Prescription Market in Antitrust Action Against Surescripts As the country faces building pressure …
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The Source Roundup: May 2019 Edition
Tiffany Wang, Student Fellow May 1, 2019
Happy May! We hope you’re enjoying the longer, sunnier days of spring. In this edition of The Source Roundup, we survey articles and reports that discuss 1) health system consolidation’s impact on healthcare prices and quality, 2) the new federal price transparency rule, and 3) cost-containment strategies from various fronts. More Evidence of Hospital Market Concentration’s Negative Impact on Competition and Healthcare Costs Two articles this month reinforced the principle that protecting access to affordable healthcare requires strong antitrust enforcement policies to ensure adequate competition among hospitals and hospital systems. …
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States Are Taking the Helm on Antitrust Enforcement Efforts in Healthcare
Amy Y. Gu, Managing Editor April 15, 2019
State enforcement is the theme of the month in healthcare antitrust. A panel of antitrust experts at a recent Antitrust Symposium hosted by UC Hastings College of the Law discussed how exclusionary contracts and anticompetitive conduct by players in both the provider and pharmaceutical markets hinder competition and drive up healthcare prices. This edition of Litigation and Enforcement Highlights takes a look at current anticompetitive practices of providers and PBMs and the ensuing state regulatory efforts to address them. A Tale of Two Coasts in Provider Market Enforcement As …
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Who’s Driving Healthcare Prices: A Look at Anticompetitive Conduct of Various Players in the Healthcare Market
Source Fellow and Amy Y. Gu, Managing Editor April 9, 2019
By: Megan O’Leary, Student Fellow and Amy Y. Gu, Managing Editor On Thursday, April 4, The Source attended the “Antitrust in the New Millennium Symposium” hosted by UC Hastings College of the Law. This blog focuses on the session “New Antitrust and Healthcare”, moderated by The Source Board member and UC Hastings Professor Thomas Greaney, and featuring the panel of, notably all women, UC Hastings Professor Robin Feldman, California Senior Assistant Attorney General Kathleen Foote, and American Antitrust Institute (AAI) President Diana L. Moss. What drives rising healthcare prices? Perhaps it stems …
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